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December 08, 2004

How to Find a Qualified Person to Write Your Patent

I found an interesting post on ipnewsblog yesterday. It was about patent preparation services being auctioned on ebay. I followed the link and found an "invention agent" offering to prepare an entire patent application for a great price. Since my parents often told me that "you get what you pay for," I thought I should figure out what was really happening. I couldn't tell whether this was a patent agent or a patent attorney, so I tried looking on the USPTO roster. I discovered the person isn't even registered with the USPTO. I read the title "invention agent" too quickly and assumed it meant something. I was wrong. There is no such thing as an invention agent, but it sounds impressive. This person was able to trick a registered patent attorney. However, with the proper background check, inventors can know what they are getting.

It really is best to use a registered patent agent or attorney. The main difference between an attorney and an agent is that a patent attorney can represent you in court, if needed. Because patent attorneys can do more, they typically charge more. The decision on patent agent or patent attorney depends on the individual circumstances. However, one or the other is highly advisable for a number of reasons.

First, registered agents and attorneys can deal directly with the USPTO on your behalf. While this may sound like an unnecessary middle-man, it actually serves to benefit the inventor. Getting a patent is much like buying a car. Negotiation is crucial to the "deal," and knowledge of the process helps immensely. Those claiming to get you a patent for a bargain price often do get a patent, but the patent is worth little. What they often do is take your money and get very narrow claims in the patent (the equivalent of a used car that sometimes runs). If you are only interested in owning a patent, this is fine. However if you're interested in actual protection, you need broad claims (the equivalent of a new reliable car). To get these broad claims is where the negotiation comes into play. The USPTO routinely rejects claims (turns down your offer). While this seems to be a bad thing, it actually isn't. If you went to buy a car and the dealership accepted your first offer, you would probably be upset about leaving money on the table. The same goes for patent claims. The patent agent or attorney knows what to fight for and what to surrender at each point. This negotiation is time consuming and costly, but worth it. After all, would you rather have a used pinto for $2,000 or a new Cadillac for $10,000?

Second, registered agents and attorneys must abide by ethical standards required by the USPTO. If they do not, they lose their registration. Likewise, if you do have a problem with a registered agent or attorney, the USPTO will listen to your complaint. This isn't so with non-registered parties.

Third, registered agents and attorneys must demonstrate good moral character, have the proper scientific training, and pass a difficult test before being registered. With all this screening, you're much more likely to find a qualified person if you only look at registered agents and attorneys.

So, how do you determine who is worthy of working for you?

Check to see that the person you're considering is registered with the USPTO. The USPTO has a website that allows you to search by name, address, etc. Additionally, you can search by geographic region. Once you find potential registered attorneys or agents, you are ready to decide which one is best for you. The USPTO doesn't make recommendations. You can ask friends and family. If that isn't very helpful, there is one resource that actually rates lawyers. Martindale Hubble has a lawyer finder site is here, and ratings can be found here. "A," "B," or "C" represent grading of legal ability, much like school. A "V" after the grade indicates adherence to professional standards of conduct and ethics, reliability, and diligence. So "AV" is the best choice. However, not all lawyers have a rating. To get any rating usually takes years, and a top rating takes even longer. Since only about half of lawyers have a rating, this isn't absolutely conclusive, but it is useful.

And remember, with patent preparation, like anything else, "you get what you pay for."

Posted by at 10:12 AM.
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